Pawan Kumar @ Pavan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17370 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== PAWAN KUMAR @ PAVAN KUMAR Son of Pappu Kumar Yadav @ Pappu Kumar Resident of Village- Gyashpur, P.S.- Salimpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 22.12.2018 in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Pawan Kumar, the petitioner submitted before the Station House Officer, Nowkothi Police Station is to the effect that the petitioner was working in a finance company known as L & T and on 08.12.2018 at 5.30 P.M., the petitioner after collecting the money from Hemanpura village proceeded towards Manjhaul Branch by his motorcycle, but on the way, four accused persons on two motorcycles, on the point of pistol, snatched a bag from the petitioner containing Rs.3,21,600/- and other articles. Subsequently, during

Patna High Court CR. MISC. No.17370 of 2019(2) dt.28-03-2019 2/2 investigation, it was found that in fact the alleged robbery was planned by the petitioner himself. Subsequently, the petitioner and his father made their confession before the police. It is submitted by learned counsel for the petitioner that maliciously, the petitioner has been roped in the present case and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the petitioner himself managed the robbery.

Considering the fact that the investigation has already been concluded coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Nowkothi P.S. Case No. 122 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T